Legislature(2005 - 2006)HOUSE FINANCE 519
03/15/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB446 | |
| HB377 | |
| HB312 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 312 | TELECONFERENCED | |
| + | HB 377 | TELECONFERENCED | |
| + | HB 446 | TELECONFERENCED | |
| + | HB 478 | TELECONFERENCED | |
| + | SB 232 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 377
An Act relating to an exemption from certain
registration and practice requirements for persons
preparing drawings or specifications related to the
construction of certain buildings.
1:56:52 PM
MICHAEL PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, stated
that State law requires that an engineer or architect
prepare drawings for specifications for a residence if it is
more than two stories high. However, building codes adopted
by the State Fire Marshal and many municipalities require an
engineer or architect only if a residence is more than three
stories high.
The process of consulting with an engineer or architect adds
an unnecessary expense to the construction or renovation of
a home. HB 377 amends Alaska Statute to reflect the
standard already present in the adopted codes across the
State. The bill would allow contractors and homebuilders to
build or expand a residence if it is not more than three
stories high.
1:58:11 PM
Co-Chair Meyer pointed out that the Alaska Home Builders
Association does support the legislation. Mr. Pawlowski
understood there was a new letter addressing the committee
substitute and had not yet seen it. He indicated safety
concerns that had been voiced. The current exemptions are
listed on Page 2, Line 19 & 20, for a four family residence
and not more than two stories high. The international
building and residential codes identify buildings three
stories, which is the issue addressed by HB 377. With
present building codes, a builder would need to go through a
planning review process to obtain a building permit.
2:00:02 PM
Representative Kelly inquired why it was not left to four
families - three stories. Mr. Pawlowski explained the
original version had been drafted that way, however, the
dilemma was:
· So not directly meet with the code reference of two
families and three stories, and/or
· Once expanded from two to four families and three
stories, the buildings became bigger than a duplex - a
change made in the House Labor and Commerce Committee.
2:00:51 PM
MARK MORRIS, PROFESSIONAL ENGINEER, STATE BOARD of
REGISTRATION FOR ARCHITECTS, ENGINEERS AND LAND SURVEYORS
(AELS), JUNEAU, spoke in opposition to HB 377. He noted the
th
two letters of opposition dated February 24 and March 14.
The State AELS Board was unanimous in its opposition because
of the height, not the size of a structure. Increasing the
height affects the design load expeditiously & radically
modifies what an engineer must take into consideration.
Mr. Morris discussed these concerns, emphasizing that the
statute was initially written to protect the public's
safety. Contractors and home builders are not required by
the State of Alaska to have the education, training, and
exam verification to ensure that they are capable of
designing that level building. Design professionals are
trained to ensure buildings are safe for human habitation.
He reiterated that in the interest of public safety, the
AELS Board strongly opposes the proposed modification to
statute.
2:05:37 PM
Vice Chair Stoltze questioned the typical cost for
architectural services and/or the general percentage used.
Mr. Morris responded that is difficult to determine; on a
home as proposed, an electrical engineer would not be
needed, only a structural engineer and that would be a
smaller percentage. On a commercial building, typically it
would be somewhere between 6% and 8% of the cost of the
structure; on a home, it might amount to 3%.
2:06:40 PM
Vice Chair Stoltze voiced concerned on engineering failures
of some public buildings and asked if a "statute of repose"
could be traded, giving the consumer more. He asked if the
legislation had resulted from a "turf war".
2:08:19 PM
Mr. Morris did not understand the question. He stated that
as a professional, he had nothing to gain by the proposed
modification. The issue results from structural design
concerns. A person would be foolish to build a three-story
home without a registered professional providing the
appropriate calculations. A contractor would not be aware
of those requirements.
2:08:30 PM
Mr. Morris continued that with regards to design, loads must
be addressed. He thought that a professional must determine
the numbers affecting a nailing schedule and wall design.
2:09:57 PM
Representative Hawker worried that the bill proposes
something not supported by the State AELS Board and asked
the applicability of the Alaska Homebuilders Association
request. Mr. Morris could not comment on exactly what the
codes say. He warned that codes are an established minimum
standard for safety. To remove someone with the knowledge
on how to run calculations to determine the loads on certain
portions of a structure and make sure that the loads are
adequate would be the intent of a code. Only professionals
are trained to do that.
2:12:50 PM
Co-Chair Meyer asked if it was correct that when building
one's own home, any standard could be used. Mr. Morris
understood that in statute, if a home were built over that
size, a professional would need to review the plan.
Co-Chair Meyer mentioned an existing conflict between the
Homebuilders Association and the Anchorage Municipal Code.
Mr. Morris did not know about codes outside of Juneau.
Co-Chair Meyer thought that the legislation could bring
consistency statewide.
2:15:01 PM
BILL TAYLOR, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE
HOMEBUILDER'S ASSOCIATION, TAYLOR ENTERPRISES, ANCHORAGE,
said the bill's language proposes merely a "housekeeping
measure". It is intended to clean up the statute and the
codes. He believed that the change would have no safety
concern, as all areas where the codes do apply, have
scrutiny and design review schedules.
Representative Kerttula asked clarification if the plan
would be reviewed for safety provisions. Mr. Taylor
responded that there would be a level of scrutiny by every
plan review section.
2:17:55 PM
Representative Joule requested a definition of "three
stories". Mr. Taylor read the definition from the
International Residential Code (IRC): "Anything more than
6' above the great plain or more than 6' above the finished
ground level for more than 50% of the total building
perimeter or more than 12' above the finished ground level
at any point."
2:19:22 PM
PAUL MICHAELSON, (TESTIFIED VIA TELECONFERENCE), NATIONAL
ASSOCIATION OF HOMEBUILDERS, BUILDER, ANCHORAGE, echoed
comments made by Mr. Taylor. He added that most three
story, single family dwelling structures are drawn and
designed by professionals. The designers have the right to
self-engineer the building and then it would move through
the Plan Review Committee. The builders are instructed
where sheer walls & nails are placed. Each designer has the
option to hire an engineer. Mr. Michaelson did not think
that self-engineering would be dangerous to the public.
Co-Chair Meyer noted that testimony had not taken into
consideration how it would affect the areas outside
Anchorage.
2:22:13 PM
Co-Chair Chenault assumed that if any municipality had
building codes, they would be required to build to that
code. Mr. Michaelson explained that the manner in which
International Residential Code (IRC) was developed, there
were several codes used throughout the entire United States.
Most jurisdictions that adopt codes have provisions allowing
building three stories, while considering safety of the
occupants. Co-Chair Chenault clarified that each
municipality adopts their codes. Mr. Michaelson said they
do.
Representative Kelly questioned if current law was being
enforced. Mr. Pawlowski did not know. Individuals building
their own homes do not have to go through the process.
2:25:09 PM
Mr. Pawlowski noted that the building community has
indicated that in areas that have a code and planning review
committee, that process is strictly enforced.
Vice Chair Stoltze pointed out the absence of letters from
municipalities outside of Anchorage. Mr. Pawlowski replied
their office had requested comments from other areas but did
not receive any.
Representative Kerttula asked if a plan review done by the
architect could meet necessary safety concerns. Mr. Morris
said that if the person performing the review has the
expertise to run the calculations, then a safety net would
be available. The concern is given to the loads and the
complexity of the structures, it becomes more complex when
vertically building-up. The State has a method to register
structural engineers to run the calculations and make the
necessary changes. Building codes require much in the
interest of public safety, but if the loads are not
determined, the situation becomes vulnerable. All designs
must meet the national electrical codes. The codes by
themselves are not enough; someone with the expertise is
essential. He knew that the City and Borough of Juneau does
not have a registered structural engineer on staff.
2:30:46 PM
Mr. Michaelson interjected that most lending institutions
require that their structure have an ICPO inspector provide
the proper engineering. He did not believe anything would
slip through the cracks.
Co-Chair Meyer acknowledged he was "uneasy" moving the bill
from Committee and requested Mr. Morris be available for
further discussion with Mr. Pawlowski.
Vice Chair Stoltze reiterated his concerns and asked
assurance that the consideration is a public safety issue
and not an industry protection bill.
2:33:51 PM
Representative Holm mentioned his own situation regarding
costs resulting from homeowner withholding information
regarding a vapor barrier and the costs that accumulated to
more than $90,000 dollars for him and his family. He agreed
with the concerns regarding building codes and the
protection of assets when buying homes.
HB 377 was HELD in Committee for further consideration.
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